UNITED STATES COURT OF APPEALS
For The Fifth Circuit
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No. 99-31277
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In The Matter Of: LINDA VENUS MAYER
Debtor,
WALTER J. BLANCHARD, JR; PAUL BLANCHARD
Appellees,
v.
CYNTHIA LEE TRAINA
Appellant.
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Appeal from the United States District Court
For the Eastern District of Louisiana
(97-CV-348-C)
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August 16, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant, Cynthia Traina, Chapter 7 trustee for the
debtor, Linda Mayer (“Debtor”) appeals from the district court’s
order granting summary judgment in favor of the Debtor’s sons (the
“Blanchards”) and rejecting the Trustee’s attempt to avoid a
transfer from the Debtor to her sons. According to Trustee, the
district court erred in granting summary judgment because the
evidence she introduced created an issue of material fact as to
*
Pursuant to 5th CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5th CIR. R.
47.5.4.
Debtor’s insolvency on the date of the transfer to the Blanchards.
We disagree.
We affirm essentially for the reasons assigned in the district
court’s opinion of September 29, 1999. We agree with the district
court that Trustee failed to contradict Ms. Piatolly’s affidavit
asserting that the “Shepard Litigation” had a value of, at least,
$75,000. Ms. Piatolly was not disqualified from making this
valuation simply because she was an attorney involved in the
litigation. Under these circumstances, the district court
correctly concluded that Debtor was not insolvent on December 7,
1994, the date of the challenged transfer.
AFFIRMED.